imported post
goforlow wrote:
Can I throw another twist?
When going to the range, I put my handguns in a "shooting" bad.
Each handgun is in an individual case, then the cases are put a bag. The bag to most people looks like a gym bag.
Then the bag is put in the back seat area of my extended cab truck. Usually on the floor, behind the drivers seat.
Concealed?? Does each case need to be "loose" in the back seat area?
You are bound by two statutes, neither of which excepts the other. Vehicle transport § 167.31 is in the Chapter titled "Safeguards of Persons and Property" and is the most general (copied below) and is not in the criminal section of the Wisconsin Statutes. § 941.23 is in the "CRIMES AGAINST PUBLIC HEALTH AND SAFETY", obviously a criminal statute and perhaps uniquely, contains a clear specification of the elements of the crime. It too is copied below. A general element of a crime is the criminal mind's
mens rea that is illustrated again and again in the posturing so popular here.
167.31 Safe use and transportation of firearms and
bows. (1) DEFINITIONS. In this section:
(a) “Aircraft” has the meaning given under s. 114.002 (3).
(b) “Encased” means enclosed in a case that is expressly made
for the purpose of containing a firearm and that is completely
zipped, snapped, buckled, tied or otherwise fastened with no part
of the firearm exposed.
(bg) “Family member of the landowner” means a person who
is related to the landowner as a parent, child, spouse, or sibling.
(bn) “Farm tractor” has the meaning given in s. 340.01 (16).
(c) “Firearm” means a weapon that acts by force of gunpowder.
(d) “Highway” has the meaning given under s. 340.01 (22).
(dm) “Implement of husbandry” has the meaning given in s.
340.01 (24).
(e) “Motorboat” has the meaning given under s. 30.50 (6).
(em) “Peace officer” has the meaning given in s. 939.22 (22).
(et) “Private security person” has the meaning given in s.
440.26 (1m) (h).
(f) “Roadway” has the meaning given under s. 340.01 (54).
(fm) “Street” means a highway that is within the corporate limits
of a city or village.
(fr) “Transmission facility” means any pipe, pipeline, duct,
wire, cable, line, conduit, pole, tower, equipment, or other structure
used to transmit or distribute electricity to or for the public or
to transmit or distribute communications or data to or from the
public.
(g) “Unloaded” means any of the following:
1. Having no shell or cartridge in the chamber of a firearm or
in the magazine attached to a firearm.
2. In the case of a cap lock muzzle−loading firearm, having
the cap removed.
3. In the case of a flint lock muzzle−loading firearm, having
the flashpan cleaned of powder.
(h) “Vehicle” has the meaning given in s. 340.01 (74), and
includes a snowmobile, as defined in s. 340.01 (58a), and an electric
personal assistive mobility device, as defined in s. 340.01
(15pm), except that for purposes of subs. (4) (c) and (cg) and (4m)
“vehicle” has the meaning given for “motor vehicle” in s. 29.001
(57).
(2) PROHIBITIONS; MOTORBOATS AND VEHICLES; HIGHWAYS AND
ROADWAYS. (a) Except as provided in sub. (4), no person may
place, possess or transport a firearm, bow or crossbow in or on a
motorboat with the motor running, unless the firearm is unloaded
or unless the bow or crossbow is unstrung or is enclosed in a carrying
case.
(b) Except as provided in sub. (4), no person may place, possess
or transport a firearm, bow or crossbow in or on a vehicle,
unless the firearm is unloaded and encased or unless the bow or
crossbow is unstrung or is enclosed in a carrying case.
(c) Except as provided in sub. (4), no person may load or discharge
a firearm or shoot a bolt or an arrow from a bow or crossbow
in or from a vehicle.
(d) Except as provided in sub. (4) (a), (bg), (cg), (e), and (g),
no person may discharge a firearm or shoot a bolt or an arrow from
a bow or crossbow from or across a highway or within 50 feet of
the center of a roadway.
(e) A person who violates pars. (a) to (d) is subject to a forfeiture
of not more than $100.
(3) PROHIBITIONS; AIRCRAFT. (a) Except as provided in sub.
(4), no person may place, possess or transport a firearm, bow or
crossbow in or on an aircraft, unless the firearm is unloaded and
encased or unless the bow or crossbow is unstrung or is enclosed
in a carrying case.
(b) Except as provided in sub. (4), no person may load or discharge
a firearm or shoot a bolt or an arrow from a bow or crossbow
in or from an aircraft.
(c) A person who violates par. (a) or (b) shall be fined not more
than $1,000 or imprisoned not more than 90 days or both.
(3m) PROHIBITIONS; TRANSMISSION FACILITIES. (a) Except as
provided in sub. (4) (b) and (h), no person may intentionally discharge
a firearm in the direction of a transmission facility.
(b) A person who violates par. (a) and causes damage to a transmission
facility is subject to a forfeiture of not more than $100.
(c) In addition to any forfeiture imposed under par. (b), the
court shall revoke any hunting license under ch. 29 that is issued
to the person found in violation for a period of one year.
(d) In addition to any forfeiture imposed under par. (b) and the
revocation required under par. (c), the court shall enter a restitution
order that requires the defendant to pay to the owner of the
transmission facility the reasonable cost of the repair or replacement
of the transmission facility.
(4) EXCEPTIONS. (a) Subsections (2) and (3) do not apply to
any of the following who, in the line of duty, place, possess, transport,
load or discharge a firearm in, on or from a vehicle, motorboat
or aircraft or discharge a firearm from or across a highway or
within 50 feet of the center of a roadway:
2. A member of the U.S. armed forces.
3. A member of the national guard.
4. A private security person who meets all of the following
requirements:
a. He or she holds either a private detective license issued
under s. 440.26 (2) (a) 2. or a private security permit issued under
s. 440.26 (5).
b. He or she holds a certificate of proficiency to carry a firearm
issued by the department of regulation and licensing.
c. He or she is performing his or her assigned duties or responsibilities.
d. He or she is wearing a uniform that clearly identifies him
or her as a private security person.
e. His or her firearm is in plain view, as defined by rule by the
department of regulation and licensing.
(am) 1. Subsections (2) (a), (c) and (d) and (3) (a) and (b) do
not apply to a peace officer who, in the line of duty, loads or discharges
a firearm in, on or from a vehicle, motorboat or aircraft or
discharges a firearm from or across a highway or within 50 feet of
the center of a roadway.
2. Subsection (2) (b) does not apply to a peace officer who
places, possesses or transports a firearm in or on a vehicle, motorboat
or aircraft while in the line of duty.
3. Subsection (2) (b) does not apply to a person employed as
a peace officer who places, possesses or transports a firearm in or
on a vehicle while traveling in the vehicle from his or her residence
to his or her place of employment as a peace officer.
(b) Subsections (2) (a), (b) and (c), (3) (a) and (b), and (3m) do
not apply to the holder of a scientific research license under s.
169.25 or a scientific collector permit under s. 29.614 who is using
a net gun or tranquilizer gun in an activity related to the purpose
for which the license or permit was issued.
(bg) 1. Subsection (2) (a), (b), (c), and (d) does not apply to
a state employee or agent, or to a federal employee or agent, who
is acting within the scope of his or her employment or agency, who
is authorized by the department of natural resources to take animals
in the wild for the purpose of controlling the spread of disease
in animals and who is hunting in an area designated by the
department of natural resources as a chronic wasting disease eradication
zone, except that this subdivision does not authorize the
discharge of a firearm or the shooting of a bolt or arrow from a bow
or crossbow across a state trunk highway, county trunk highway,
or paved town highway.
1g. Subsection (2) (b) and (c) does not apply to a landowner,
a family member of the landowner, or an employee of the landowner
who is using a firearm, bow, or crossbow to shoot wild animals
from a farm tractor or an implement of husbandry on the
landowner’s land that is located in an area designated by the
department of natural resources as a chronic wasting disease eradication
zone.
2. This paragraph does not apply after June 30, 2010.
(bn) Subsection (2) (a) does not apply to a person using a bow
or a crossbow for fishing from a motorboat.
(bt) Subsection (2) (b) does not apply to the placement, possession,
or transportation of an unloaded firearm in or on a vehicle
if all of the following apply:
1. The vehicle is a self−propelled motor vehicle with 4 rubber−
tired wheels.
2. The vehicle is not certified by the manufacturer for on−road
use.
3. The vehicle is not an all−terrain vehicle, as defined in s.
340.01 (2g).
4. The vehicle is being used to transport individuals involved
in sport shooting activities at sport shooting ranges, as defined in
s. 895.527 (1), and is not being used to transport individuals
involved in hunting.
5. The vehicle is being operated entirely on private property
and is not being operated in the right−of−way of any highway.
(c) Subsection (2) (b) and (c) does not apply to the holder of
a Class A or Class B permit under s. 29.193 (2) who is hunting
from a stationary vehicle.
(cg) A holder of a Class A or Class B permit under s. 29.193
(2) who is hunting from a stationary vehicle may load and discharge
a firearm or shoot a bolt or an arrow within 50 feet of the
center of a roadway if all of the following apply:
1. The roadway is part of a county highway, a town highway
or any other highway that is not part of a street or of a state trunk
or federal highway.
2. The vehicle is located off the roadway and is not in violation
of any prohibition or restriction that applies to the parking,
stopping or standing of the vehicle under ss. 346.51 to 346.55 or
under a regulation enacted under s. 349.06 or 349.13.
3. The holder of the permit is not hunting game to fill the tag
of another person.
4. The holder of the permit has obtained permission from any
person who is the owner or lessee of private property across or on
to which the holder of the permit intends to discharge a firearm or
shoot a bolt or an arrow.
5. The vehicle bears special registration plates issued under
s. 341.14 (1), (1a), (1e), (1m) or (1r) or displays a sign that is at
least 11 inches square on which is conspicuously written “disabled
hunter”.
6. The holder of the permit discharges the firearm or shoots
the bolt or arrow away from and not across or parallel to the roadway.
(cm) For purposes of pars. (c) and (cg), the exemption from
sub. (2) (b) under these paragraphs only applies to the firearm,
bow or crossbow being used for hunting by the holder of the
Class A or Class B permit under s. 29.193 (2).
(co) For purposes of par. (cg), a person may stop a vehicle off
the roadway on the left side of the highway.
(cr) For purposes of par. (cg) 4., “private property” does not
include property leased for hunting by the public, land that is subject
to a contract under subch. I of ch. 77, or land that is subject
to an order designating it as managed forest land under subch. VI
of ch. 77 and that is not designated as closed to the public under
s. 77.83 (1).
(d) Subsection (2) (b) does not prohibit a person from leaning
an unloaded firearm against a vehicle.
(e) Subsection (2) (d) does not apply to a person who is legally
hunting small game with a muzzle−loading firearm or with a shotgun
loaded with shotshell or chilled shot number BB or smaller,
if the surface of the highway or roadway is anything other than
concrete or blacktop.
(f) Subsection (2) (d) does not prohibit a person from possessing
a loaded firearm within 50 feet of the center of a roadway if
the person does not violate sub. (2) (b) or (c).
(g) A person who is fishing with a bow and arrow may shoot
an arrow from a bow within 50 feet of the center of a roadway if
the person does not shoot the arrow from the roadway or across
a highway.
(h) Subsection (3m) does not apply to any of the following who
discharge a firearm in the direction of a transmission facility:
1. A member of the armed forces in the line of duty.
2. A member of the national guard in the line of duty.
3. A peace officer in the line of duty.
4. A private security person who meets all of the requirements
under par. (a) 4.
(4m) RULES. The department of natural resources may further
restrict hunting from stationary vehicles on county or town highways
by promulgating rules designating certain county and town
highways, or portions thereof, upon which a holder of a Class A
or Class B permit issued under s. 29.193 (2) may not discharge a
firearm or shoot a bolt or an arrow from a bow or crossbow under
sub. (4) (cg). For each restriction of hunting from a county or town
highway contained in a rule to be promulgated under this subsection,
the department shall submit a specific justification for the
restriction with the rule submitted to legislative council staff for
review under s. 227.15 (1).
(5) WEAPONS SURCHARGE. (a) If a court imposes a fine or forfeiture
for a violation of this section, the court shall also impose
a weapons surcharge under ch. 814 equal to 75% of the amount of
the fine or forfeiture.
(b) If a fine or forfeiture is suspended in whole or in part, the
weapons surcharge shall be reduced in proportion to the suspension.
(c) If any deposit is made for an offense to which this subsection
applies, the person making the deposit shall also deposit a sufficient
amount to include the weapons surcharge under this subsection.
If the deposit is forfeited, the amount of the weapons
surcharge shall be transmitted to the secretary of administration
under par. (d). If the deposit is returned, the amount of the weapons
surcharge shall also be returned.
(d) The clerk of the circuit court shall collect and transmit to
the county treasurer the weapons surcharge as required under s.
59.40 (2) (m). The county treasurer shall then pay the secretary
of administration as provided in s. 59.25 (3) (f) 2. The secretary
of administration shall deposit all amounts received under this
paragraph in the conservation fund to be appropriated under s.
20.370 (3) (mu).
History: 1985 a. 36; 1987 a. 27, 353; 1991 a. 77; 1993 a. 147; 1995 a. 122, 201;
1997 a. 248, 249; 1999 a. 32, 158; 2001 a. 8, 56, 90, 108; 2003 a. 33, 139, 326; 2005
a. 169, 253, 286, 345; 2007 a. 97.
Cross Reference: See also ss. NR 10.001, 10.05, and 10.07, Wis. adm. code.
941.23 Carrying concealed weapon. Any person except
a peace officer who goes armed with a concealed and dangerous
weapon is guilty of a Class A misdemeanor. Notwithstanding s.
939.22 (22), for purposes of this section, peace officer does not
include a commission warden who is not a state−certified commission
warden.
History: 1977 c. 173; 1979 c. 115, 221; 2007 a. 27.
The burden is on the defendant to prove that he or she is a peace officer and within
the exception. State v. Williamson, 58 Wis. 2d 514, 206 N.W.2d 613 (1973).
A defendant was properly convicted under this section for driving a vehicle with
a gun locked in a glove compartment. State v. Fry, 131 Wis. 2d 153, 388 N.W.2d 565
(1986).
To “go armed” does not require going anywhere. The elements for a violation of
s. 941.23 are: 1) a dangerous weapon is on the defendant’s person or within reach;
2) the defendant is aware of the weapon’s presence; and 3) the weapon is hidden.
State v. Keith, 175 Wis. 2d 75, 498 N.W.2d 865 (Ct. App. 1993).
A handgun on the seat of a car that was indiscernible from ordinary observation
by a person outside, and within the immediate vicinity, of the vehicle was hidden from
view for purposes of determining whether the gun was a concealed weapon under this
section. State v. Walls, 190 Wis. 2d 65, 526 N.W.2d 765 (Ct. App. 1994).
There is no statutory or common law privilege for the crime of carrying a concealed
weapon under s. 941.23. State Dundon, 226 Wis. 2d 654, 594 N.W.2d 780 (1999),
97−1423.
Under the facts of the case, the privilege of of self−defense was inapplicable to a
charge of carrying a concealed weapon. State v. Nollie, 2002 WI 4, 249 Wis. 2d 538,
638 N.W.2d 280, 00−0744.
The concealed weapons statute is a restriction on the manner in which firearms are
possessed and used. It is constitutional under Art. I, s. 25. Only if the public benefit
in the exercise of the police power is substantially outweighed by an individual’s need
to conceal a weapon in the exercise of the right to bear arms will an otherwise valid
restriction on that right be unconstitutional, as applied. The right to keep and bear
arms for security, as a general matter, must permit a person to possess, carry, and
sometimes conceal arms to maintain the security of a private residence or privately
operated business, and to safely move and store weapons within those premises. State
v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056. See also State
v. Cole, 2003 WI 112, 264 Wis. 2d 520, 665 N.W.2d 328, 01−0350.
A challenge on constitutional grounds of a prosecution for carrying a concealed
weapon requires affirmative answers to the following before the defendant may raise
the constitutional defense: 1) under the circumstances, did the defendant’s interest in
concealing the weapon to facilitate exercise of his or her right to keep and bear arms
substantially outweigh the state’s interest in enforcing the concealed weapons statute?
and 2) did the defendant conceal his or her weapon because concealment was the
only reasonable means under the circumstances to exercise his or her right to bear
arms? State v. Hamdan, 2003 WI 113, 264 Wis. 2d 433, 665 N.W.2d 785, 01−0056.
This section is constitutional as applied in this case. The defendant’s interest in
exercising his right to keep and bear arms for purposes of security by carrying a concealed
weapon in his vehicle does not substantially outweigh the state’s interest in
prohibiting him from carrying a concealed weapon in his vehicle. State v. Fisher,
2006 WI 44, 290 Wis. 2d 121, 714 N.W.2d 495, 04−2989.
Judges are not peace officers authorized to carry concealed weapons. 69 Atty. Gen.
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